Cases - Street v Essex County Council
Record details
- Name
- Street v Essex County Council
- Date
- [1965]
- Citation
- 193 EG 537
- Keywords
- Planning control
- Summary
-
Mr Street's bungalow was the subject of a demolition order because of its poor condition. He decided to repair the building, but found it necessary to demolish it down to the damp course, with the exception of 2 partition walls, and rebuild it.
In answer to an enforcement notice, Street claimed that he was carrying out works of maintenance. It was held that whether the works were maintenance or reconstruction was a matter of fact and degree. In the circumstances, the Minister was entitled to hold as a matter of fact that what took place was reconstruction.